HEINEKEN EAST AFRICA IMPORT COMPANY LIMITED & HEINEKEN INTERNATIONAL B.V. V. MAXAM LIMITED
(2024) JELR 112170 (CA)
Court of Appeal
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CIVIL APPEAL NO. E403 OF 2020 as consolidated with CIVIL APPEAL NO. E404 OF 2020
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24 May 2024
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Kenya
Coram
P. NYAMWEYA, JUDGE OF APPEAL
A. ALI-ARONI, JUDGE OF APPEAL
J. MATIVO, JUDGE OF APPEAL
Judgement
<p style="text-align: center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><p style="text-align: justify">1. On 21st May 2013, Heineken East Africa Import Company Limited wrote a letter to Maxam Ltd, appointing it as its exclusive distributor of Heineken products in Kenya with effect from 1st May 2013. The terms of the appointment were contained in an agreement incorporated in the said letter and schedules attached thereto (hereinafter referred to as the” Kenyan Distribution Agreement”). By a letter dated 28th February 2023 Heineken International B.V, acting on behalf of Heineken East Africa Import Company, also appointed Modern Lane Ltd, trading as Maxam Ltd, to be the distributor of Heineken Lager in Uganda as from 1st February 2012, pending the preparation of a formal distribution contract. Similarly, by a letter dated 11th August 2014 Heineken Brouwerijen B.V wrote a letter to Olepasu Tanzania Ltd, confirming that the latter was the current importer of Heineken Lager beer to Tanzania, and that the relationship started in April 2012.</p><p style="text-align: justify">2. The said business relationsh…</p>